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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36595
Experience:  16 years real estate, Realtor. Landlord 26 years
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Need to break a lease with an ex girlfriend. She won't sign

Customer Question

Need to break a lease with an ex girlfriend. She won't sign off. Hasn't paid rent the entire time I lived there.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you both listed as tenants on the written lease?

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Or is this your place and you let her move in?

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Was there an agreement for her to pay half the rent?

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Is she still living there?

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thanks

Barrister

Customer: replied 11 months ago.
Are you both listed as tenants on the written lease?
Yes. Lease ends 31 Jan 2017Or is this your place and you let her move in?
Both on lease.Was there an agreement for her to pay half the rent?
Yes, verbalIs she still living there?
Yes that's the issue she won't leave so I can have it rented out by property management.
Expert:  Barrister replied 11 months ago.

Ok, from a purely legal perspective, you are both equal tenants and neither of you can evict the other. However, if your agreement was to split the rent and she won't pay, you can sue her in small claims court for everything she owes you and get a judgment against her that you can then use to garnish any wages and levy on any bank accounts.

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You can likely use that as leverage to get her to vacate so you can terminate the lease.

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thanks

Barrister

Expert:  Barrister replied 11 months ago.

I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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